Search Legislation

Advanced Search

The Civil Legal Aid (Costs) Regulations 2013

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 2COST PROTECTION

Costs to which cost protection applies

5.  Except as provided by this Part, cost protection only applies to costs incurred by the receiving party in relation to proceedings which are, as regards the legally aided party, relevant proceedings.

Parts of proceedings to which cost protection does not apply

6.  Cost protection does not apply in relation to—

(a)parts of proceedings for which civil legal services are provided in the form of—

(i)help at court;

(ii)legal help, help with family mediation or family help (lower), except in the circumstances described by regulation 7;

(b)parts of family proceedings for which civil legal services are provided in the form of—

(i)family help (higher);

(ii)legal representation.

Cost protection in relation to legal help, help with family mediation or family help (lower)

7.  Cost protection applies where a legally aided party receives legal help, help with family mediation or family help (lower) in relation to proceedings (other than family proceedings) and later receives, in respect of the same proceedings—

(a)family help (higher); or

(b)legal representation.

Periods during which cost protection applies

8.—(1) Subject to paragraphs (2) and (3), cost protection applies in respect of costs incurred by the receiving party during the period in which civil legal services are being provided, whether before or after the commencement of proceedings.

(2) Cost protection does not apply to costs incurred by the receiving party—

(a)before the date of issue of a certificate, except in the circumstances described by paragraph (3) and regulation 7;

(b)after the date on which a determination that the legally aided party qualified for civil legal services has been withdrawn;

(c)before, at the time of, or after the date of revocation of a determination.

(3) Where the Director makes a determination about emergency representation (other than a determination in relation to family proceedings to which cost protection does not apply) cost protection applies to costs incurred before the making of that determination, if—

(a)the application for emergency representation could not be made because the office to which the application would ordinarily be made was closed; and

(b)the provider made the application at the first available opportunity.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources